Terms of service

1. Acceptance of terms

Jointly LLC (“Jointly”) provides technology-enabled services, including the real estate transaction collaboration Software as a Service platform branded as Jointly, the website at https://www.jointly.com,  any related Mobile Apps (as defined below) , and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Service”). Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (“TOS”).  Jointly may, at its discretion, update the TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Service or as otherwise made available by Jointly.

‍

PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THE TOS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THIS TOS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICE.

‍

THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 20 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

‍

You represent and warrant that you: (i) are over eighteen (18) years of age or of legal age in your jurisdiction, whichever is greater, to form a binding contract; (ii) have the right, authority, and capacity to agree to and abide by this TOS and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.  THE SERVICE IS NOT INTENDED FOR USERS UNDER THE AGE OF 13, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICE, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER

‍

2. Privacy policy

In addition to this TOS, the Jointly Privacy Policy at https://www.jointly.com/privacy (“Privacy Policy”) applies to how Jointly may process information provided as part of the Service. You acknowledge and agree that by accessing or using the Service, Jointly may receive certain information about you, including personal information, as set forth in the Privacy Policy, and Jointly may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.  

‍

3. Grant of rights

1. Grant. Subject to and conditioned on your compliance with this TOS, Jointly hereby  grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Service only for your personal, non-commercial use or internal business purpose to collaborate on real estate transactions. Your access to and use of the Service must further comply in all material respects with all usage guidelines posted by Jointly.
2. Mobile Apps. If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”) or other app store provider, your use of such iOS Mobile App or other app is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service or other app store provider’s terms of service, as applicable. Jointly may make available mobile software applications for access to and use of certain components of the Service (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS and the applicable end user license agreement for each app. This TOS is between you and Jointly only, and not with Apple Inc. (“Apple”) or any other app store provider, and Apple or such other app store provider is not responsible for iOS Mobile Apps or such other Mobile Apps and the contents thereof; however, Apple and Apple’s  (or such other app store provider and its) subsidiaries are third-party beneficiaries of this TOS with respect to such iOS Mobile Apps or Mobile Apps, as applicable.
3. Trademarks.  You may not use the Jointly name, brands, trademarks, service marks and logos that Jointly makes available on the Services (“Marks”). Jointly claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Service. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name.  You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Jointly.  You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Jointly’s benefit.

‍

4. Registration

1. You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jointly reasonably suspects that you have done so, Jointly may suspend or terminate your account without liability to you.
2. You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Jointly immediately of any unauthorized use of your account or password or any other similar breach of security.  
3. If your account remains inactive for three months or longer, Jointly reserves the right to suspend or terminate your account, with or without notice to you, and delete your Content (as defined in Section 7(a)), all without liability to you.

‍

5. Role of Jointly

Except as otherwise expressly set forth in a separate written agreement between you and Jointly, Jointly does not: (i) act as a real estate agent for you or any other party; (ii) sell, buy or negotiate the purchase, sale, or exchange of real property; or (iii) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

‍

6. Subscription services

Certain portions of the Service require a payment of fees for access and use (“Subscription Services”). Subscription Services also require you to enter into a separate agreement with Jointly that sets forth additional terms governing your access to and use of the Subscription Services, including applicable fees, duration of access, and description of the services (“Subscription Services Agreement”). Your access to and use of Subscription Services is subject to the Subscription Services Agreement and this TOS.  

‍

7. Responsibility for content

1. You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Jointly, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Jointly, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
2. You acknowledge and agree that Jointly has no obligation to pre-screen Content (including Your Content and User Content), although Jointly reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, Jointly shall have the right to remove any Content that violates this TOS or that it otherwise deems objectionable.
3. To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in this TOS with respect to Your Content; (ii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party; and (iii) if Your Content consists of any information you present as factual, such information is true, accurate, current and complete to the best of your knowledge and belief.  You acknowledge and agree that you are solely responsible for all Your Content and for your conduct while using the Service. You acknowledge and agree that: (i) you will evaluate and bear all risks associated with your use and distribution of all of Your Content; (ii) you are responsible for protecting and backing up the Your Content; (iii) you are responsible for protecting the confidentiality of all Your Content in your possession and control; and (iv) under no circumstances will Jointly be liable in any way for the content of any of Your Content, including, but not limited to, any errors or omissions in any of Your Content, or any loss or damages or any kind incurred as a result of your use, deletion, modification, or correction of any of Your Content. You have full discretion and control on how to store, protect, remove or delete any of Your Content on the Service and Jointly shall have no liability for any damages caused by such deletion or removal of or failure to store or protect Your Content.

‍

8. Rights to content

1. Jointly does not claim ownership of Your Content. However, you grant Jointly and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) that you provide in connection with the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks and across borders; and (ii) changes or modifications to conform, connect and adapt to technical requirements of networks or devices.
2. The Service provided to you hereunder or available to you through the Service are licensed, not sold, and Jointly retains and reserves all rights not expressly granted in this TOS. Except with respect to Your Content, you acknowledge and agree that, as between you and Jointly, Jointly and its licensors owns all rights, title and interest (including all intellectual property rights) in the Service and all data, Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. Jointly reserves all rights not expressly granted to you in this TOS.

‍

9. User conduct and restrictions

In connection with your access to or use of the Service, you shall not:

1. use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS;
2. reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Service;
3. provide use of the Service on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet "links" to the Services or "frame" or "mirror" the Services on any other server, or wireless or Internet-based device;
4. access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service;
5. remove or obscure any proprietary notice that appears within the Service;
6. use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services upload, post, email, store, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; (vi) contains unlawful or tortious material; or (vii) consists of information that you know or have reason to know is false or inaccurate.
7. impersonate any person or entity, including Jointly personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
9. act in a manner that negatively affects the ability of other users to access or use the Service;
10. take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
11. interfere with or disrupt the integrity or performance of the Service or servers or networks connected to the Service (including by disrupting the ability of any other person to use or enjoy the Services), or disobey any requirements, procedures, policies or regulations of networks connected to the Service;  
12. use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service; substantially download, reproduce or archive any portion of the Service;
13. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including your user account and password; or
14. violate any applicable local, state, provincial, federal or international law or regulation, or use the Service for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights.  

‍

10. Informational use only

All data, records and other information presented by Jointly through the Service are for informational use only.

‍

11. Suggestions

If you elect to provide or make available to Jointly (whether within or outside of the Service, including without limitation third party review websites) any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), Jointly shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

‍

12. Dealings with advertisers and other third parties

The Service may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”).  You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third-party. You acknowledge and agree that Jointly does not endorse and is not responsible or  liable for any damage,  loss of any kind incurred or issues related to Third Party Services.

‍

13. Links and external material

1. The Service or users of the Service may provide links or other connections to other websites or resources. You acknowledge and agree that Jointly does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies and that terms and policies are solely between you and the third-party. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that Jointly does not endorse and is not responsible or liable for any damage,  loss or issues resulting from or arising out of use of or reliance on any External Materials.
2. The Service may access or use services from the following third-party service providers. Your access to and use of such services are subject to the terms of use and privacy policies governing such services. Links below are provided for convenience only. You are solely responsible for assessing and reviewing the applicable terms of use and privacy policies.

• Stripe
  https://stripe.com/us/legal
  https://stripe.com/us/privacy
  

• PayPal
  https://www.paypal.com/webapps/mpp/ua/legalhub-full
  https://www.paypal.com/us/webapps/mpp/ua/privacy-full

14. Modifications to the service

Jointly reserves the right at any time to modify, suspend or discontinue the Service (or any portion thereof) with or without notice, and Jointly shall not be liable to you or any third party for any such modification, suspension or discontinuance; provided, however, that in the event of discontinuance, you shall be entitled to receive a pro-rated refund for the unused portion of any Subscription Services.

‍

15. Indemnification

You shall indemnify, defend and hold Jointly and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Jointly Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of your: (a) Your Content, (b) violation of this TOS, any law or regulation; (c) violation of any rights (including intellectual property rights) of another party; or (d) your use of the Service.

‍

16. Disclaimer of warranties

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOINTLY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2. JOINTLY PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
3. ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION.
4. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.  ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).

‍

17. Limitation of liability

1. YOU ACKNOWLEDGE AND AGREE THAT JOINTLY PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF JOINTLY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL JOINTLY PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO JOINTLY FOR ACCESS TO THE PORTION OF THE SERVICE AT ISSUE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.
2. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.  THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  

‍

18. Suspension and termination

1. If you violate this TOS, Jointly may, with or without notice to you, immediately suspend or terminate your access to and use of the Service. You shall not be entitled to any refund with respect to any period of suspension or termination.
2. Except with respect to Subscription Services, if you violate this TOS, all rights granted to you under this TOS shall terminate immediately, with or without notice to you.
3. Subscription Services may be terminated in accordance with the terms of the applicable Subscription Services Agreement.
4. Upon termination of this TOS or any Subscription Services for any reason: (i) Jointly, in its sole discretion, may remove and discard Your Content; (ii) you will immediately cease your use of the Service; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS or any Subscription Services shall survive such expiration or termination.  Further, you agree that that Jointly shall not be liable to you or any third party for any termination of your account or access to the Service.

‍

19. Governing law

This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply  to this TOS, regardless of the states in which the parties do business or are incorporated.

‍

20. Binding arbitration and class action waiver

1. ALL CLAIMS (AS DEFINED IN SECTION 1) IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
2. The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
3. WE EACH AGREE THAT ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
4. Notwithstanding anything to the contrary, you and Jointly may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 20.

20. IF JOINTLY IMPLEMENTS ANY MATERIAL CHANGE TO THIS SECTION 20, SUCH CHANGE SHALL NOT APPLY TO ANY CLAIM FOR WHICH YOU PROVIDED WRITTEN NOTICE TO JOINTLY BEFORE THE IMPLEMENTATION OF THE CHANGE. NON-DISCRIMINATION

‍

It is against Jointly policy as well as state and federal laws to offer any information on the racial, ethnic or religious make-up of a neighborhood or to restrict the listing, showing or giving of information on the availability of homes for any of those reasons.

‍

22. Legal compliance

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where the Services are accessed or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

‍

23. U.S. government entities

This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the TOS with respect to the such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

‍

24. No third-party beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.

‍

25. Procedure for making claims of copyright infringement

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Jointly’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Jointly’s Agent for Notice of Copyright Claims can be reached as follows:

‍

Agent for Notice of Copyright Claims
Jointly
2120 Oxford Ave
Austin, TX 78704

‍
Phone: (512) 770-9800
Email: copyright@jointly.com ‍

‍

26. California users & residents‍

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.‍

‍

27. General provisions‍

This TOS constitutes the entire agreement between you and Jointly concerning your access to and use of the Service. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Jointly with respect to such subject matter. In the event of any conflict between or among this TOS and any Subscription Services Agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern.  This TOS may not be amended by you except in a writing executed by you and an authorized representative of Jointly. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Jointly. The failure of Jointly to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Jointly hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.